Appeal 33708
Appeal Summary
Status: Decision Rendered
Appeal ID: 33708
Submission Date: 2/26/25 5:55 PM
Hearing Date: 3/5/25
Case #: R-001
Appeal Type: Building
Project Type: residential
Building/Business Name:
Appeal Involves: Erection of a new structure
Proposed use: 4-plex
Project Address: 1521-1529 SE Tenino St
Appellant Name: Tom Jaleski
LUR or Permit Application #: Permit 24-107256 -RS
Stories: 3 Occupancy: Townhouse Construction Type: Residential
Fire Sprinklers: No
Plans Examiner/Inspector: Tara Carlson
Plan Submitted Option: pdf [File 1]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 2023 ORSC R302.2.8.2 |
|---|---|
| Requires | ORSC R302.2.8.2 Cantilevered living areas Cantilevered living areas shall be protected by one of the following methods
The fire-resistance rated walls required in item 1-3 shall be continuous from the foundation to the roof sheathing when the roof/ceiling assembly is constructed in accordance with Section R302.2.6.1. When the roof/ceiling assembly is not constructed in accordance with Section R302.2.6.1, the wall shall terminate in a parapet constructed in accordance with Section R302.2.5. |
| Code Modification or Alternate Requested | Allow 3rd floor cantilever that abuts another adjacent cantilever at a common property line with a 2-hour modified common townhouse separation wall to the underside of the cantilever floor assembly and 2-hour rated floor/ceiling assembly for the cantilever floor. |
| Proposed Design | The Tenino townhouses are 3 story townhouses located at: 1. 1521 SE Tenino St
using a ‘modified’ 2-hour rated separation wall between units. The townhouses are non-sprinklered per ORSC R302.2. The townhouses with abutting 3rd floor cantilevered living areas will meet the requirements of ORSC R302.2.8.2, item 2, except the 2-hour rated wall will not go down to the foundation. Equivalent protection will be provided with a 2-hour rated floor/ceiling assembly on the cantilevered living area floor. The underside of the floor assembly will be covered with a non-combustible cementitious weather protection panel. |
| Reason for alternative | The 2-hour rated floor protection provides equivalent protection for fire migrating from one townhouse to the next for a period of 2 hours, equivalent to the rating of the separation wall between townhouse units. The 2-hour rated floor/ceiling assembly will be rated as required pr ASTM E119 to prevent flame penetration and heat migration from a fire into the cantilevered living area. The siding on the townhouses is cementitious lap siding to prevent fire migration on the exterior of the building. The proposed design also provides equivalent protection to ORSC 302.2.8.2, exception 2, which only requires a 1-hour rated wall under the cantilevered living area to provide a 1-hour rated soffit assembly for 4’ beyond the common property line. Exception 2 is not possible for the design since a window is within 4’ of the common property line. The same plan with 4’ wide cantilevered living area configuration has been permitted without a rated cantilevered floor assembly or a sprinkler system at two projects by the same builder at 8949 N Kellogg St and 6401 E Burnside St. |
Appeal Decision
Request to reduce separation requirements instead of an increased rating of the horizontal surface under the cantilever: Denied. Proposal does not provide equivalent fire and life safety. Appellant may contact Tara Carlson (503-865-6532) with questions.
"Pursuant to City Code Chapter 24.10, you may appeal this decision to the Building Code Board of Appeal within 90 calendar days of the date this decision is published. For information on the appeals process, how to file a reconsideration, and appealing to the Building Code Board of Appeal, go to https://www.portland.gov/ppd/file-appeal/appeal-process or email PPDAppeals@portlandoregon.gov.
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